MESSAGE NO: 0214201 DATE: 08 01 2000
CATEGORY: ADA TYPE: INF
REFERENCE: REFERENCE DATE:
CASES: A - 462 - 811 - -
- - - -
- - - -

PERIOD COVERED: 05 19 2000 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: SUSPENSION AGREEMENT ON SOLID FERTILIZER GRADE AMMONIUM
NITRATE FROM THE RUSSIAN FEDERATION (A-462-811)


1. THESE INSTRUCTIONS ARE IN REFERENCE TO THE ANTIDUMPING
INVESTIGATION ON SOLID FERTILIZER GRADE AMMONIUM NITRATE
FROM THE RUSSIAN FEDERATION (A-462-811). PLEASE DIRECT
PARTICULAR ATTENTION TO INSTRUCTIONS IN PARAGRAPHS 2, 4 AND
6.

2. SUSPENSION OF ANTIDUMPING INVESTIGATION
THE DEPARTMENT OF COMMERCE ("THE DEPARTMENT") PUBLISHED IN
THE FEDERAL REGISTER OF 06/19/00 (65 FR 37759) THE AGREEMENT
SUSPENDING THE INVESTIGATION FOR SOLID FERTILIZER GRADE
AMMONIUM NITRATE ("AMMONIUM NITRATE") FROM THE RUSSIAN
FEDERATION ("RUSSIA"). IMPORTS OF AMMONIUM NITRATE FROM
RUSSIA ARE SUBJECT TO THE TERMS AND CONDITIONS PURSUANT TO
THE SUSPENSION AGREEMENT BETWEEN THE DEPARTMENT AND THE
MINISTRY OF TRADE OF THE RUSSIAN FEDERATION. ON JUNE 29,
2000, THE DEPARTMENT RECEIVED A REQUEST TO CONTINUE THE
ANTIDUMPING INVESTIGATION. PURSUANT TO THIS REQUEST, THE
DEPARTMENT HAS CONTINUED THE INVESTIGATION IN ACCORDANCE
WITH SECTION 734(g) OF THE ACT, AND PUBLISHED IN THE
FEDERAL REGISTER ON 07/ 11/2000 ITS FINAL AFFIRMATIVE
DETERMINATION (65 FR 42669) . IF THE INTERNATIONAL TRADE
COMMISSION DETERMINES THAT MATERIAL INJURY EXISTS, THE
AGREEMENT SHALL REMAIN IN FORCE AND THE DEPARTMENT SHALL NOT
ISSUE AN ANTIDUMPING ORDER SO LONG AS (1) THE AGREEMENT
REMAINS IN FORCE, (2) THE AGREEMENT CONTINUES TO MEET THE
REQUIREMENTS OF SUBSECTIONS (D) AND (L) OF SECTION 734 OF
THE ACT, AND (3) THE PARTIES TO THE AGREEMENT CARRY OUT
THEIR OBLIGATIONS UNDER THE AGREEMENT UNDER ITS TERMS.

3. MERCHANDISE SUBJECT TO THE AGREEMENT
FOR PURPOSES OF THIS AGREEMENT, AMMONIUM NITRATE IS DEFINED
AS THE FOLLOWING: SOLID, FERTILIZER GRADE AMMONIUM NITRATE
PRODUCTS, WHETHER PRILLED, GRANULAR OR IN OTHER SOLID FORM,
WITH OR WITHOUT ADDITIVES OR COATING, AND WITH A BULK
DENSITY EQUAL TO OR GREATER THAN 53 POUNDS PER CUBIC FOOT.
SPECIFICALLY EXCLUDED FROM THIS SCOPE IS SOLID AMMONIUM
NITRATE WITH A BULK DENSITY LESS THAN 53 POUNDS PER CUBIC
FOOT (COMMONLY REFERRED TO AS INDUSTRIAL OR EXPLOSIVE GRADE
AMMONIUM NITRATE).

THE MERCHANDISE SUBJECT TO THIS INVESTIGATION IS CLASSIFIED
IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES ("
HTSUS") AT SUBHEADING 3102.30.00.00. ALTHOUGH THE HTSUS
SUBHEADING IS PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES,
THE WRITTEN DESCRIPTION OF THE MERCHANDISE UNDER
INVESTIGATION IS DISPOSITIVE.

4. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-821-811. FOR CUSTOMS PURPOSES ONLY
THE FOLLOWING IDENTIFICATION NUMBER SHOULD BE USED: A-462-
811.

5. DISCONTINUE SUSPENSION OF LIQUIDATION
THE U.S. CUSTOMS SERVICE SHALL DISCONTINUE SUSPENSION OF
LIQUIDATION OF ANY ENTRIES OF AMMONIUM NITRATE FROM RUSSIA.
ANY CASH DEPOSITS ON ENTRIES OF AMMONIUM NITRATE FROM RUSSIA
PURSUANT TO THE DEPARTMENT'S SUSPENSION OF LIQUIDATION
INSTRUCTIONS ISSUED ON 02/18/2000 (MESSAGE NUMBER 0049203)
SHALL BE REFUNDED AND ANY BONDS SHALL BE RELEASED.

6. CONDITIONS FOR ENTRY RELEASE THE EFFECTIVE DATE OF IMPORT
RESTRICTIONS IN THE SUSPENSION AGREEMENT IS 05/19/2000.

A) EXPORT LICENSE

FOR ALL PRODUCTS COVERED UNDER THE SUSPENSION AGREEMENT,
EXPORT LICENSES ARE NOW REQUIRED ON SHIPMENTS OF THESE
PRODUCTS ENTERED INTO THE UNITED STATES, INCLUDING
MERCHANDISE ADMITTED INTO ANY FOREIGN TRADE ZONE, OR
WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION ON OR AFTER
05/19/2000. THE SUSPENSION AGREEMENT DEFINES FOREIGN TRADE
ZONES LOCATED WITHIN THE TERRITORY OF THE UNITED STATES AS
PART OF THE UNITED STATES.

FOR SHIPMENTS ENTERED INTO THE UNITED STATES, INCLUDING
FOREIGN TRADE ZONES, OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION ON OR AFTER 05/19/2000, ENTRY RELEASE SHALL BE
PERMITTED FOR THE SHIPMENTS OF MERCHANDISE COVERED BY THE
SUSPENSION AGREEMENT ONLY UPON PRESENTATION OF A VALID
EXPORT LICENSE ENDORSED BY THE MINISTRY OF TRADE OF THE
RUSSIAN FEDERATION ("MOT"). THE UNITED STATES SHALL REQUIRE
PRESENTATION OF THIS DOCUMENT AS A CONDITION OF ENTRY OF
THIS MERCHANDISE INTO THE UNITED STATES, INCLUDING FOREIGN
TRADE ZONES, FOR DIRECT AND INDIRECT EXPORTS FROM RUSSIA.
THE UNITED STATES WILL PROHIBIT THE ENTRY OF ANY MERCHANDISE
NOT ACCOMPANIED BY A VALID EXPORT LICENSE ENDORSED BY THE
MOT.

THE PRESENTED LICENSE MUST BE STAMPED, SIGNED, AND DATED BY
THE MOT AND ISSUED NO EARLIER THAN 35 DAYS BEFORE THE DATE
OF ENTRY, UNLESS CUSTOMS HAS BEEN NOTIFIED BY DOC THAT A
SPECIFIC EXPORT LICENSE HAS BEEN EXTENDED.

THE EXPORT LICENSE SHALL INCLUDE THE FOLLOWING INFORMATION:
1) EXPORT LICENSE NUMBER, 2) DESCRIPTION OF MERCHANDISE
(INCLUDING THE 10-DIGIT HTS NUMBER AND SPECIFICATIONS (FORM
(PRILLED, GRANULAR, OR OTHER SOLID FORM), COATINGS,
ADDITIVES, AND DENSITY) OF THE MERCHANDISE, 3) QUANTITY
EXPRESSED IN METRIC TONS, 4) F.O.B. RUSSIAN PORT OF EXPORT
SALES VALUE, INDICATING THE CURRENCY USED, 5) UNIT PRICE
(F.O.B. RUSSIAN PORT OF EXPORT), 6) DATE OF CONTRACT OR
SALES ORDER, 7) CONTRACT OR SALES ORDER NUMBER, 8) DATE OF
LICENSE (THE DATE THE EXPORT LICENSE IS ISSUED), 9) NAME OF
TRADING COMPANY, 10) CUSTOMER, 11) CUSTOMER RELATIONSHIP (IF
ANY), 12) QUOTA ALLOCATED TO EXPORTER, AND 13) QUOTA
REMAINING TO THE INDIVIDUAL EXPORTER. IF NECESSARY,
ADDITIONAL INFORMATION MAY BE INCLUDED ON THE EXPORT LICENSE
OR A SEPARATE PAGE ATTACHED TO THE EXPORT LICENSE. THE
EXPORT LICENSE MUST BE IN ENGLISH AND MAY BE ACCOMPANIED BY
A RUSSIAN TRANSLATION.

CUSTOMS SHALL REQUIRE THE PRESENTATION OF AN ORIGINAL
LICENSE EXCEPT WHERE THERE ARE MULTIPLE SHIPMENTS UNDER A
SINGLE LICENSE. FOR MULTIPLE SHIPMENTS AT MULTIPLE PORTS,
OR MULTIPLE ENTRIES AT ONE PORT, THE ORIGINAL LICENSE SHALL
BE PRESENTED WITH THE FIRST ENTRY AND THE VOLUME ENTERED AT
THAT TIME WILL BE NOTED ON THE ORIGINAL LICENSE. CUSTOMS
WILL PROVIDE THE IMPORTER WITH A CERTIFIED PHOTOCOPY OF THE
LICENSE FOR PRESENTATION TO CUSTOMS WITH THE IMPORTER'S NEXT
ENTRY UNDER THAT LICENSE. SUBSEQUENT ENTRIES CAN BE MADE
FROM A CERTIFIED COPY OF THE ORIGINAL LICENSE WHICH REFLECTS
ALL THE DEDUCTIONS MADE FROM THE ORIGINAL LICENSE.

IF THE CUSTOMER/IMPORTER OF RECORD LISTED ON THE EXPORT
LICENSE DOES NOT MATCH THE CUSTOMER ON THE CUSTOMS FORM
7501, THE IMPORTER OF RECORD MUST PROVIDE WRITTEN
DOCUMENTATION FROM THE CUSTOMER/IMPORTER OF RECORD LISTED ON
THE EXPORT LICENSE IDENTIFYING THE IMPORTER OF RECORD ON THE
CUSTOMS FORM 7501.


B) SPECIAL INSTRUCTIONS

PLEASE NOTE THAT THE WORD "QUOTA" APPEARS IN THE SUSPENSION
AGREEMENT ON AMMONIUM NITRATE FROM RUSSIA AND IS ALSO USED
THROUGHOUT THESE IMPLEMENTING INSTRUCTIONS. HOWEVER, FOR
CUSTOMS ENTRY PURPOSES, THESE ENTRIES ARE NOT QUOTA-TYPE
ENTRIES BECAUSE THEY WILL NOT BE PROCESSED THROUGH THE
CUSTOMS ACS QUOTA MODULE. THEREFORE, DO NOT USE ENTRY TYPED
CODES 02, 07, 32, 38 IN BOX 2 OF THE CF 7501 (UNLESS THE
ENTRY INCLUDES MERCHANDISE OTHER THAN THIS MERCHANDISE THAT
IS SUBJECT TO QUOTA PROCESSING, IN WHICH CASE, ENTRY TYPE
CODE 07 OR 38 WOULD BE CORRECT). THERE IS NO QSUP INPUT FOR
ENTRIES OF THIS MERCHANDISE FROM RUSSIA. THE QUANTITY OF
THIS MERCHANDISE FROM RUSSIA WILL NOT BE REPORTED ON THE
CUSTOMS WEEKLY QUOTA STATUS REPORTS.

8. WRITTEN CERTIFICATION FROM IMPORTER OF RECORD
FOR ALL IMPORTS OF AMMONIUM NITRATE INTO THE UNITED STATES,
REGARDLESS OF THE STATED COUNTRY OF ORIGIN OF THOSE IMPORTS,
THE U.S. CUSTOMS SERVICE SHALL REQUIRE ALL IMPORTERS OF
RECORD TO SUBMIT A WRITTEN STATEMENT, ON THE LAST DAY OF
EVERY QUARTER, INDICATING THAT THE IMPORTER IS MAINTAINING A
LIST OF ALL ENTRIES OF SUCH MERCHANDISE AND CERTIFYING THAT
THE AMMONIUM NITRATE IMPORTED THAT QUARTER WAS NOT OBTAINED
UNDER ANY ARRANGEMENT IN CIRCUMVENTION OF THIS AGREEMENT.

9. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING
THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT MARIA DYBCZAK, IMPORT
ADMINISTRATION, AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
DEPARTMENT OF COMMERCE AT (202) 482-5811.

10. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION.


PAUL SCHWARTZ